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800NGO-COP5-Pops 0 Fifth Conference of the Parties to the Stockholm Convention of Persistent Organic Pollutants April 25-29, 2011 Geneva, Switzerland Report by: Fe de Leon, Canadian Environmental Law Association, ENGO representative, Canadian delegation Prepared for: Canadian Environmental Network Toxics Caucus Date: September 30, 2011 Table of Contents Canadian delegation:...................................................................................... 4 I. General Matters ......................................................................................... 4 II. Outcome and Highlights from COP5............................................................... 4 1) Priority Issues ..................................................................................................................................... 4 2) Resources............................................................................................................................................ 5 3) Highlights and Key Decisions on Priority Issues ............................................................................... 6 a) Appointment of Jim Willis as Executive Secretary.................................................................... 6 b) Election of President of COP5.................................................................................................... 6 c) Status in establishing a compliance mechanism under Stockholm Convention on POPs.......... 7 d) Listing of chemicals under Annex A. B and C........................................................................... 8 i. Endosulfan ................................................................................................................................... 8 ii. New POPs - Recommendations by the POPRC on work programmes for pentabrominated diphenyl ethers (c-PBDEs) and octabrominated diphenyl ethers (c-OBDEs) and risk reductions on use and production of Perfluorooctane Sulfonate (PFOS), its salts and Perfluorooctane sulfonyl fluoride (PFOSF). ........................................................................................................... 10 BDEs in the waste stream ......................................................................................................... 10 Risk reduction of PFOS, its salts and PFOSF .......................................................................... 12 e) Measures to reduce or eliminate releases of POPs ................................................................... 13 i.. Wastes (low POPs content)....................................................................................................... 13 ii. Releases from intentional production and use (exemptions).................................................... 14 iii) from unintentional production (BAT/BEP)............................................................................. 15 f) Terms of Reference for POPs Review Committee.................................................................... 15 g) Synergies .................................................................................................................................. 16 h) Rules of Procedure.................................................................................................................... 17 i) Implementation Plans (Article 7) .............................................................................................. 17 j) Side Events ................................................................................................................................ 18 k) Public Engagement................................................................................................................... 19 III. Concluding Comments............................................................................. 20 3 Canadian delegation: Vincenza Galatone, Environment Canada (Head of delegation); Anne Daniels, Environment Canada (Alternate Head of delegation); Greg Filyk, Environment Canada; Robert Asare-Danso, Pest Management Regulatory Agency; Sunny Uppal (Observer); Fe de Leon, Canadian Environmental Law Association (ENGO representative) I. General Matters The Canadian delegation held its first meeting in the morning of April 25, 2011. The head of delegation welcomed everyone and provided overviews of expectations for the first day of COP5. Unlike previous meetings of the COP, the Canadian delegation to COP5 was smaller in size and representation from the NGO sector, which included a representative from the environmental sector. Given the size of the Canadian delegation, the approach taken to monitor and participate in plenary sessions as well as contact groups was different than at previous COPs. The delegation participant ensured that they followed and reported back to the delegation on key issues. Generally, the Canadian delegation scheduled its meetings during the breakfast hour at the Epsom Hotel to discuss the day’s agenda, and identify the issues of priority, outlining the Canadian delegation’s approach and position and the progress made by various contact groups. During these daily meetings the ENGO representative provided the delegation members with updates and views from civil society on specific issues expected to be discussed during plenary or contact group work. Decisions from the COP4 included the listing of nine new POPs under the Stockholm Convention on POPs; establishing a work programme for several POPs to be conducted by the POPs Review Committee (POPRC); identifying regional centers and furthering commitments for synergies among the three chemical and waste conventions: Basel, Rotterdam and Stockholm conventions. The expectations for COP5 were set high. Decisions in COP5 were expected to focus on the possible listing of the chemical, endosulfan; reviewing recommendations by the POPRC on polybrominated diphenyl ethers (PBDEs) and perfluorooctane sulfonate (PFOS) and its salts; reviewing the financial and technical mechanisms; furthering the efforts on synergies; and clarifying budget matters. In addition, establishing a non-compliance mechanism was identified as a key matter for these negotiations by various Parties, including Canada and observers such the International POPs Elimination Network (IPEN). II. Outcome and Highlights from COP5 1) Priority Issues Given the scope and range of agenda items identified in the provisional agenda of the Fifth Conference of the Parties (COP5), it was necessary as a member of the Canadian delegation preparing for COP5 to identify and focus on specific issues relevant for effective implementation of the Stockholm Convention on POPs. In order to provide input to the Canadian delegation in a timely manner, I had expressed interest in monitoring and providing commentary on the following issues: ¾ Progress in establishing a non-compliance mechanism; ¾ Listing of chemicals under Annex A, B and C, with a focus on; o Endosulfan, and 4 o New POPs workplan on polybrominated diphenyl ethers (PBDEs) and Perfluorooctane Sulfonate (PFOS), its salts and its precursors as recommended by the POPs Review Committee, including: BDEs in waste stream, and Risk reduction of PFOS, its salts and PFOSF; and ¾ Measures to reduce or eliminate releases o In wastes (low POPs content), o From intentional production and use (exemptions), and o From unintentional production (BAT/BEP). Although this report aims to focus on the above issues, all agenda items and outcomes emerging from COP5 are of significant interest to CELA as well as other environmental and health public interest organizations in Canada. Making progress on all obligations in the Convention will be essential in the effective implementation of the Stockholm Convention. The following report provides brief overviews on selected key COP decisions and issues, maintaining a focus on the above issues and providing brief commentary on additional issues identified below. Finally, highlights from plenary and side events are also provided below, namely: ¾ Terms of Reference of POPs Review Committee; ¾ Synergies among the three primary conventions addressing chemicals: Stockholm Convention on POPs, Rotterdam Convention on Prior Informed Consent (PIC) and Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; ¾ Reporting (Article 15); ¾ Implementation Plans (Article 7); and ¾ Rules of Procedure. The commentary below is not exhaustive of all the significant obligations addressed under the Stockholm Convention, in particular on technical and financial mechanisms and budget matters. These key items were discussed in contact groups throughout the conference and other delegation members were better positioned to describe the progress on these issues. Nevertheless, it is important to monitor the advancement of these issues as Parties work towards COP6. 2) Resources Details of the official report and COP5 decisions are now posted on the Stockholm Convention on Persistent Organic Pollutant web site at: http://chm.pops.int/. Additional summary of discussions on COP5 can be obtained by visiting the Earth Negotiations Bulletin, Published by the International Institute for Sustainable Development (IISD), A Reporting Service for Environment and Development Negotiations online at http://www.iisd.ca/chemical/pops/cop5/. 5 3) Highlights and Key Decisions on Priority Issues a) Appointment of Jim Willis as Executive Secretary The plenary welcomed the appointment of Mr. Jim Willis as the Joint Executive Secretary for the three conventions: Basel Convention on Transboundary Movement
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